NCDRC

NCDRC

RP/2744/2006

M/S COCA COLA INDIA PVT. LTD. - Complainant(s)

Versus

SHRI ARUN KUMAR MALIK AND ORS - Opp.Party(s)

SMRITI MISHRA

28 Feb 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2744 OF 2006
 
(Against the Order dated 08/07/2006 in Appeal No. 527/2002 of the State Commission West Bengal)
1. M/S COCA COLA INDIA PVT. LTD.
M.S. BRITCO FOODS PVT, LTD, 9A. CRESCENT TOWER 229, ACHARYA JAGADIH CHANDRA BOSE ROAD,
KOKATA
700020
...........Petitioner(s)
Versus 
1. SHRI ARUN KUMAR MALIK AND ORS
42, VUVEKANANDA PALLEY , OP, BALIITIKURI PS, JAGACHA DISTT,
HOWRAH
HOWRAH -711402
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
MS. KANIKA AGNIHOTRI &
MR. VAIBHAV AGNIHOTRI, ADVOCATES
For the Respondent :NEMO

Dated : 28 Feb 2011

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ORDER

 

  of    ‘Thums Up’   in  pursuance  of  the  advertisement  for   a

- 2 -

 

  Subsequently, on winning second prize approached the Shopkeeper  for  the  prize  when  he  was advised to

  at New Delhi.  He approached the petitioner at Delhi when he came to know that the business had been taken over by opp.party Nos. 2 & 3.  He then approached opp.party Nos. 2 & 3 but in vain, hence he filed a complaint before the District Forum which allowed the complaint against opp.party Nos. 2 & 3.  Aggrieved by the order of the District Forum, petitioner went in appeal before the State Commission which was dismissed by the impugned order. 

          In our view, the point of law involved in the present case is concluded against the petitioner by a judgment of the Division Bench of this Commission passed in FA No. 419/2002 – M/s. Coco-Cola India (P) Limited Vs. Dr. Amarjit Singh.  Although the counsel for the petitioner contends that there are certain factual differences between the two cases.  Some variation of facts would be there in each case, but the point of law decided in the present case is  squarely  concluded against  the  petitioner  and  the  impugned order

-         3 –

 

M/s. Coco-Cola India (P) Ltd. (supra), the

 
......................J
ASHOK BHAN
PRESIDENT
......................
SURESH CHANDRA
MEMBER